But while the broadcast ads tapered off, Microsoft has taken the campaign to the web. Its latest attack -- which is featured on mugs, t-shirts, and other memorabilia available from the Microsoft store carrying various anti-Google slogans, including the familiar "Scroogled" parody of Google's colorful log.

Google claimed it snooped on users on "accident" despite internal emails revealing it did so for profit. The company has been fined multiple times for the spying. [Image Source: Jacopast/Wikipedia]

In addition to mugs, the material is also printed on pre-washed T-shirts made from socially conscious fabrics. The shirts are the work of American Apparel, Inc. (NYSEMKT:APP), the "fair-trade" espousing brand beloved by hipsters across the country.

The quote is surprisingly edgy and internet culture aware, as it seemingly hops on board the popular "Keep calm and carry on" meme, which was originally based on a humorous World War II propoganda poster from the UK.

It's also somewhat surprising as the memorabilia uses Google's trademarked Chrome logo with no indication that Google permitted Microsoft to use it, or even an acknowledgement that Google is the logo's owner via a trademark or copyright symbol (trademarks are generally more appropriate, although often a broad set of design features is copyrighted or even patented).

Further common sense tells you that appropriating a company's well-known logo for use in selling your products is probably intellectual property theft. And insulting the owner while using their logo to sell your products -- that's just adding insult to injury.

A Microsoft product description states:

A vintage line, reworked to reflect a modern problem. Printed on an American Apparel 50/50 t-shirt, pre-washed for minimal shrinkage.

Breathe in, breathe out. It won’t be long before Google has attempted to make money off of every aspect of your digital life. This t-shirt lets them know that you know. It's 50% cotton, 50% polyester blend, and pre-laundered for minimal shrinkage.

Again, there's no sign of any trademarks/etc. on the store page.

Edgy? Trendy? Illegal? IP theft? Funny? It appears Microsoft's new campaign may be all the above. It wouldn't be surprising to see this one wind up in court... but Google faces a lose-lose scenario as if it does sue Microsoft it's bringing attention to its own privacy offenses and risks looking losing its "cool cred" by appearing litigious.

After his largely failed prior attempts, it appears Mike Penn has finally crafted a scenario in which Google just can't win. His new product line marks a significant improvement in Microsoft's efforts to troll Google, practically begging them in a legal sense -- "Come at me, bro."

The exception on parody only apply to infringement cases. It's not a defense against tort. Defamation is relatively hard to prove in the US, but businesses tend to enjoy less First-Amendment protection. Making a statement with no factual basis is dicey. Google is unlikely to sue though, since that'd only draw more attention to it.

"Paying an extra $500 for a computer in this environment -- same piece of hardware -- paying $500 more to get a logo on it? I think that's a more challenging proposition for the average person than it used to be." -- Steve Ballmer